document

Case 1:04-cr-01353-KMW Document 528 Filed 04/29/14 Page 1 of 8
USDS SDNY
DOCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
CONSENT PRELIMINARY ORDER
OF FORFEITURE/
MONEY JUDGMENT
-v. ­
QUIRINO ERNESTO PAULINO CASTILLO,
A/K/.T:>,. \\El Don," S7 04 Cr. 1353 (KMW) Defendant.
WHEREAS,
on or about April
PAULINO CASTILLO, a/k/a "El Don"
was
charged in a
1353
to
(KMW)
more
in
to
than
5
violation
participating
intent
2005,
QUIRINO ERNESTO
(the "defendant"), among others,
Superseding Indictment,
S7
04 Cr.
(the "Indictment") with participating in a conspiracy
import
States,
five-count
7,
in
a
21
of
21
conspiracy
distribute
violation of
ki lograms
U.S.C.
more
§
money laundering conspiracy,
cocaine
U.S.C.
§
to
than
846
of
963
distribute
5
the
United
(Count
and
kilograms
(Count Two)
into
of
One)
possess
i
with
cocaine,
in
participating in a
i
in violation of 18 U.S.C.
§
1956(h)
(Count Three}i participating in a conspiracy to import more than
5 kilograms of cocaine into the United States,
21 U.S.C.
§
963
(Count Four)
i
in violation of
distributing more than 5 kilograms
of cocaine with the intent that it be imported into the United
States,
in violation of 21 U.S.C.
§§
952,
(c), 960 (a) (3) and (b) (1) (B), and 18 U.S.C.
1
959(a) (1),
§
(a) (2)
2 (Count Five)
i
and
Case 1:04-cr-01353-KMW Document 528 Filed 04/29/14 Page 2 of 8
WHEREAS,
the
Indictment
included
a
forfeiture
allegation seeking forfeiture to the United States,
pursuant to
21 U.S.C. § 853, of any and all property constituting or derived
from any proceeds the defendant obtained directly or indirectly
as a result of the violation and any and all property used or
intended
to
violations
including
be
used
alleged
but
to
in
not
facilitate
Counts
limited
One
to,
the
commission
Two
of
and
the
the
following:
of
the
Indictment,
approximately
$7,000,000 in United States currency, representing the amount of
proceeds obtained as a result of the offense (s),
for which the
defendants are jointly and severally liable with any and all co
conspirators;
WHEREAS,
pled
guilty
pursuant
to
to
a
on or about February 7,
Counts
plea
agreed to forfeit
United
States
obtained as a
One
through
agreement
(i)
with
Five
the
2008,
of
the
Indictment,
Government
wherein he
a sum of money equal to $14.5 million in
currency,
representing
the
amount
of
proceeds
result of the offenses listed in Counts One and
Two of the Indictment; and (ii) all right,
title and interest of
the defendant in the following specific property:
$690,000
the defendant
in United
States
currency,
representing
approximately
the
proceeds
from the sale of a 2002 Eurocopter/Colibri EC 120B Helicopter,
tail number N750PG
(which constitutes or derives from proceeds
2
Case 1:04-cr-01353-KMW Document 528 Filed 04/29/14 Page 3 of 8
of the offenses alleged in Counts One and Two and/or was used or
intended to be used to facilitate the commission of the offenses
alleged in Counts One and Two of the Indictment),
not limited to:
(A)
including but
approximately $179,398.49 in United states
currency, seized from account number 131365705, held in the name
of
Importadora Fenix,
(B)
S.A.
at Ocean Bank,
Miami,
Florida;
and
approximately $150,000 deposited into the Court Registry of
the United States District Court
Florida,
Ruiz
in
connection with
Flaquer
Property")
(items
(A)
for
case
and
(B)
the Southern District of
no.
05-22053,
together
are
filed
the
Joaquin
"Specific
i
WHEREAS,
in or around 2009, the Government transferred
its right
to collect against the $14.5 million money judgment
described
in
equivalent
Republic
the
in
in
preceding
property
recognition
paragraph
(item
or
other
assets,
and
consideration
to
of
( i) ) ,
the
the
or
its
Dominican
substantial
assistance and cooperation that the Dominican Republic provided
to
this
Office
in
the
investigation
and
prosecution
of
this
casej and
WHEREAS,
Judgment
in the
representing
the defendant agrees to the entry of a Money
amount of
the
proceeds
$690,000
in united States currency
from
Eurocopter/Colibri EC 120B Helicopter,
3
the
sale
of
a
tail number N750PG
2002
(the
Case 1:04-cr-01353-KMW Document 528 Filed 04/29/14 Page 4 of 8
"Money Judgment"),
and to forfeit all of his
right,
title and
interest in the Specific Property;
IT IS HEREBY STIPULATED AND AGREED, by and between the
United States of America, by its attorney,
States Attorney,
Preet Bharara, United
Assistant United states Attorneys Christian R.
Everdell and John O'Donnell, of counsel,
and the defendant, and
his counsel, Lawrence F. Ruggiero, Esq. that:
1.
As a result of the offenses charged in Counts One
and Two of the Indictment, to which the defendant pled guilty, a
money
judgment
in
the
amount
of
$690,000
in
United
States
currency shall be entered against the defendant.
2.
As a result of the offenses charged in Counts One
and Two of the Indictment,
to which the defendant pled guilty,
all of the defendant's right, title and interest in the Specific
Property
is
disposition
hereby
in
forfeited
accordance
provisions of 21 U.S.C.
§
to
with
853,
the
the
United
law,
States
subj ect
to
for
the
and the Money Judgment shall be
reduced by the total value of the Specific Property forfeited by
Final Order.
3.
of Criminal
Order
of
Pursuant to Rule 32.2(b) (4)
Procedure,
upon entry of
Forfeiture/Money
Judgment,
this
this
of the Federal Rules
Consent
Preliminary
Consent
Preliminary
Order of Forfeiture/Money Judgment is final as to the defendant,
4
Case 1:04-cr-01353-KMW Document 528 Filed 04/29/14 Page 5 of 8
QUIRINO ERNESTO PAULINO CASTILLO,
a/k/a "El Don,
deemed
the
part
of
the
sentence
of
II
defendant,
and shall be
and
shall
be
included in the judgment of conviction therewith.
4.
Upon entry of this Consent Preliminary Order of
Forfeiture/Money
Judgment,
(or its designee)
and
hold
the
the
United
States
Marshals
Service
is authorized to seize the Specific Property
Specific
Property
in
its
to
U.S.C.
secure,
custody
and
control.
5.
Pursuant
21
§
853 (n)
Rule
(1),
32.2(b) (6) of the Federal Rules of Criminal Procedure, and Rules
G(4) (a) (iv) (C)
and
G(5) (a) (ii)
of
the
Supplemental
Rules
for
Admiralty or Maritime Claims and Asset Forfeiture Actions,
the
United States shall publish for at least thirty (30) consecutive
days
on
the
official
www.forfeiture.gov,
government
internet
forfeiture
site,
notice of this Consent Preliminary Order of
Forfeiture/Money Judgment.
Any person, other than the defendant
in this case, claiming an interest in the Specific Property must
file a petition within sixty
publication of
(60)
days
from
the
first day of
the notice on this official government internet
site, or no later than thirty-five (35) days from the mailing of
actual notice, whichever is earlier.
6.
This notice shall state
that
the petition shall
be for a hearing to adjudicate the validity of the petitioner's
5
Case 1:04-cr-01353-KMW Document 528 Filed 04/29/14 Page 6 of 8
alleged interest
in the Specif ic Property,
shall be signed by
the petitioner under penalty of perjury, and shall set forth the
nature and extent of the petitioner's right,
title and interest
in the Specific Property and any additional facts supporting the
petitioner's claim and the relief sought, pursuant to 21 U.S.C.
§
853 (n) .
7.
Pursuant
to
Rule
32.2(b) (6) (A)
of
the
Federal
Rules of Criminal Procedure, the Government shall send notice to
any person who
reasonably appears
with
to
standing
contest
the
to be
a
forfeiture
potential
in
claimant
the
ancillary
third-party
interests,
proceeding.
8.
Upon
adjudication of
all
this Court will enter a Final Order of Forfeiture with respect
to the Specific Property pursuant to 21 U.S.C.
§
853(n) and Rule
32.2(c) (2) of the Federal Rules of Criminal Procedure,
all
9.
Payment on the Money Judgment
postal money order,
this
instance
delivered
by
will
interests
third-party
bank or certified check,
to
the
mail
to
United
the
States
United
be
addressed.
shall be made by
made payable,
Marshals
States
in which
Service,
Attorney's
in
and
Office,
Southern District of New York, Attn: Asset Forfeiture Unit, One
St. Andrew's Plaza, New York, New York 10007, and shall indicate
6
Case 1:04-cr-01353-KMW Document 528 Filed 04/29/14 Page 7 of 8
the defendant's name and case number.
Payment shall be received
by the sentencing date.
10.
Upon execution of this Consent Preliminary Order
of Forfeiture/Money Judgment,
and pursuant to 21 U.S.C.
the
Service
United
deposit
States
the
Marshals
payments
on
the
shall
Money
be
Judgment
§ 853,
authorized
in
the
to
Assets
Forfeiture Fund, and the United States shall have clear title to
such forfeited property.
11.
of Criminal
Pursuant to Rule 32.2 (b) (3)
Procedure,
upon entry of
Order of Forfeiture/Money Judgment,
Office
is
identify,
authorized
to
of the Federal Rules
this
Consent
Preliminary
the United States Attorneis
conduct
any
discovery
needed
locate or dispose of forfeitable property,
depositions,
for
requests
interrogatories,
to
including
production
of
documents and the issuance of subpoenas, pursuant to Rule 45 of
the Federal Rules of Civil Procedure.
12.
The
Court
shall
retain
jurisdiction
to
enforce
this Consent Preliminary Order of Forfeiture/Money Judgment, and
to
amend
it
as
necessary,
pursuant
to
Rule
32.2(e)
of
the
Federal Rules of Criminal Procedure.
13.
certified
The
copies
Forfeiture/Money
Clerk
of
of
this
Judgment
to
the
Court
Consent
Assistant
7
shall
forward
Preliminary
United
States
three
Order
of
Attorney
Case 1:04-cr-01353-KMW Document 528 Filed 04/29/14 Page 8 of 8
Sharon Cohen Levin,
Chief of the Asset Forfeiture Unit,
States Attorney's Office,
One St.
Andrew's Plaza,
United
New York,
New
York 10007.
14.
Order of
The
of
page
of
this
Forfeiture/Money Judgment may
more counterparts,
all
signature
which
be
Consent
Preliminary
executed
in one or
each of which will be deemed an original but
together
will
constitute
one
and
the
instrument.
AGREED AND CONSENTED TO:
PREET BHARARA
United States Attorney for the
Southern District of New York
Attorney for Plaintiff
By:
!/dJrl-­
CHRISTIAN R. EVERDELL
JOHN O'DONNELL
Assistant United States Attorneys
(212)637-2556/2527
DATE
Don," DEFENDANT
('\. /' , 1,1,,) '/
,I i~
\, 0/';"//( (
CASTILLO
"',
By:
167 East
New York, NY 10021
T: 212 406 2910
17E
SO ORDERED:
(~m~.~-----''----
HONORABLE KIMBA M. WOOD
UNITED STATES DISTRICT JUDGE
8
I
DATE
-Z.~-Itf
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